Product description

The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.

Author information

Professor Satvinder S. Juss, PhD (Cantab), FRSA; Director of the MA in International Peace & Security, King's College London, School of Law, UK

Table of contents

Contents: Foreword, Volker Turk; Preface, Satvinder S. Juss; Part 1 The Refugee in Europe's Free Movement Regime: The 'new Europe' and the 'European refugee': the subversion of the European Union's refugee law by its migration policy, Nadine El-Enany; The modern refugee in the post modern Europe, Patricia Tuitt; EU migration, asylum and the new EU treaty framework, Elspeth Guild; Are European states accountable for border deaths?, Thomas Spijkerboer. Part 2 Safeguarding the Safety and Security of Refugees: Jonah and Socrates as refugees: repentance, redemption and responsibility, Howard Adelman; Strengthening international refugee rights through the enhanced supervision of the 1951 Convention and its 1967 Protocol, James C. Simeon; Non-refoulement obligations in the public international law: towards a new protection status?, Francesco Messineo; Country information and evidence assessment in New Zealand, Rodger Haines. Part 3 The Responsibility to Protect Displaced Populations?: The shifting boundaries and content of protection: the internal protection alternative revisited, Penelope Mathew; Territorial protection: cessation of refugee status and internal flight alternative compared, Maria O'Sullivan; Sharing responsibility for asylum seekers and refugees in the Asia Pacific region, Savitri Taylor; Disowned in their land: the courts and protection of the internally displaced person, Geoffrey Care. Part 4 Emerging Paradigms of Legal Protection: Human trafficking, asylum and the problem of protection, Satvinder S. Juss; Child migration and the lacunae in international protection, Jacqueline Bhabha; Unaccompanied children and their protection under international refugee law, Ilias Bantekas; Forced displacement, the law of international armed conflict and state authority, David James Cantor. Part 5 Encampment, Detention and the Coercive Treatment of Asylum Seekers: Asylum seekers, detention and the law: morality in abeyance?, Dallal Stevens; Regulation 5.35: coerced treatment of detained asylum seekers on hunger strike. Legal, ethical and human rights implications, Mary Anne Kenny and Lucy Fiske; 'Less coercive means': the legal case for alternatives to detention for refugees, asylum-seekers and other migrants, Alice Edwards; The end of the refugee camps?, Guglielmo Verdirame and Jason Pobjoy. Part 6 Migrant Workers, Skilled Labour and the Control of Human Mobility: In defence of the Migrant Workers Convention: standard-setting for contemporary migration, Bernard Ryan; The movement of skilled labor and knowledge across borders, Shubha Ghosh; Migration control and human security, Sharon Pickering, Maria Segrave, Claudia Tazreiter and Leanne Weber; Collective remittances in comparative perspective: the cases of El Salvador and Mexico, Gustavo A. Flores-Macias. Part 7 Transnational Migration, Citizenship and the Modern State: Global migratory policies: neither closed nor open borders, Raffaele Marchetti; Transnational family relations in migration contexts: British variations on European themes, Prakash Shah; Secret immigration business: policy transfers and the tyranny of deterrence theory, Mary Crock and Daniel Ghezelbash; Family migration and New Labour, Helena Wray; Elements of movement controls in post-sovereign governmentality, Thanos Zartaloudis; Transnational citizenship and the democratic state: on modes of membership and rights of political participation, David Owen; Index.